ORDER

The order passed by the District Registrar for institution of prosecution under Section 82 of the Registration Act (hereinafter referred to as 'the Act') in proceedings dated 22.06.2023 is under challenge in the present writ petition.

2. The second respondent filed an application under Section 77A of the Act to cancel the document registered vide document No.976/04. The District Registrar adjudicated the issue and formed a opinion that a portion to an extent of 12 cents in the subject property is to be cancelled. However, the District Registrar has further recommended for prosecution under Section 82 of the Act. The order impugned states that the petitioner is at liberty to prefer an appeal under Section 77B of the Act before the Inspector General for Registration. Admittedly, the petitioner has not exhausted the statutory remedy contemplated under Section 77B of the Act before filing the present writ petition.

3. The learned counsel for the petitioner mainly contented that Section

77A cannot be exercised for the purpose of cancelling the documents lying before the amendment and therefore, the order impugned is in violation of the amended Section 77A of the Act.

4. This Court has